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HomeMy WebLinkAbout642 GnallMr. Joseph Michael Gnall 203 Davis Street Taylor, PA 18517 Re: 87 -151 -C Dear Mr. Gnall: A. Findings: 1. You were Board. As a State Ethics Interests. STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 642 Date Decided: April 8, 1988 Date Mailed: April 19, 1988 The State Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed its investigation. The individual allegations, conclusions, and findings on which those conclusions are based are as follows: I. Allegation: That you, a nominee to the Chiropractic Examiners Board, violated Section 5(b)(5) of the Ethics Act and Section 5.7 of State Ethics Commission regulations which require that the statement include the name and address of any person who is the direct or indirect source of income totalling in the aggregate of $500 or more, in that you failed to list sources of income on s }: Statement of Financial Interests filed by you on May 18, 1987. a nominee to serve on the Chiropractic Examiners result, you were subject to requirements of the Act for the filing of Statements of Financial 2. You filed Statements of Financial Interests with the State Ethics Commission on May 21, 1987 and January 15, 1988. Those forms disclosed the following on Line 11, direct or indirect sources of income: Mr. Joseph Michael Gnall Page 2 a. May 21, 1987: None. b. January 15, 1988: Self employed - Chiropractor. 3. Mary Wyatte, former counsel to the Chiropractic Examiners Board, advised as follows: a. She contacted the General Counsel to the State Ethics Commission inquiring as to whether income received from performing independent medical examinations was reportable as a source of income. b. She was informed by the State Ethics Commission, General Counsel, that such exams did not have to be reported but that general practice of chiropractic rledicine had to be reported if in excess of $500, 4. You provided the following information to a State Ethics Commission investigator. a. You were a nominee to serve on the State Chiropractic Board. b. You inquired of Mary Wyatte, board counsel, if income received from independent medical exams was subject to disclosure requirements. c. Wyatte advised you that she contacted the State EtL /ics Commission and was informed that such exams were not subject to disclosure requirements. d. You earn more than $500 per year from independent radical exams. e. You reported "none" on a Statement of Financial Interests filed on May 21, 1987 because you had no income in excess of $500 other than income from your Chiropractic practice. 5. No formal written advisory opinion was requested or received from the State Ethics Commission. B. Discussion: The State Ethics Act provides as follows: Section 5. Statement of financial interests. (b) The statement shall include the following information for the prior calendar year with regard to the person required to file the statement: Mr. Joseph Michael Gnall Page 3 (5) The name and address of any persons who is the direct of indirect source of income totalling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics. The regulations of the State Ethics Commission further provide that: 5.7.Income disclosure. (a) The name and address of the person, including employers, who is the direct or indirect source of income totaling in the aggregate of $500 or more for the person required to file, shall be listed unless otherwise limited as set forth in this section. 51 Pa. Code §5.7(a). (b) Professionals, whether acting as individuals or members of a business, are required to disclose as sources of income those persons who have paid fees for services related to matters before the governmental body with which the public official or public employee is or, if a candidate, would be associated. In all other cases only the name of their firm or business is to be listed. 51 Pa. Code §5.7(b). There is no doubt that as a nominee for Chiropractic Examiners Board, you are within the purview of the above provisions of the State Ethics Act. 65 P.S. §402. The State Ethics Act defines "public official" as follows: Section 2. Definition. "Public official." Any elected or appointed official in the Executive, Legislative or Judicial Branch of the State or any political subdivision thereof, provided that it shall not include members of advisory boards that have no authority to expend public funds Mr. Joseph Michael Gnall Page 4 other than reimbursement for personal expense, or to otherwise exercise the Dower of the State or any political subdivision thereof. The filing requirement, as set forth in the Ethics Act has been determined to apply equally to public employees and public officials. Kremer v. State Ethics Commission, 56 Pa. Commw. Ct. 160, 424 A.2d 968, (1981); Carter, 79 -066. Additionally, the Commission has recognized the need for judicious application of the law and also reviews matters each ass the instant situation to determine if the failure to list a particular financial interest was occasioned by conscious action or in an attempt to conceal or realize prohibited financial gain or interests. In the instant matter, you, as a nominee to the Chiropractic Examiners Board, received income in excess of $500 relating to independent medical examinations which you performed. However, on the Statement of Financial Interests filed with the Commission on May 21, 1987, you indicated "none" on line 11 concerning direct or indirect sources of income totalling in the aggregate $500 or more. Your failure to list that income, transgresses Section 5(b)(5) of the Ethics Act. The fact that the then counsel to the Chiropractic Examiners Board contacted staff of this Commission concerning whether such income should be reportable is no defense in light of the fact that no formal advisory opinion /advice was requested or received from you or from your counsel on your behalf. In any event, your counsel was advised by staff of this Commission that income from the general practice of chiropody was reportable on the Statement of Financial Interests. However, since there is no evidence to indicate that your failure to list such income related to an attempt on your part to conceal financial information, this Commission will take no further action if you file an amended Statement of Financial Interests within 30 days of the date of this Order. C. Conclusion and Order: 1. As a nominee to the Chiropractic Board, you are a public official subject to the provisions of the State Ethics Act. 2. There was a technical violation of Section 5(b)(5) of the Ethics Act when you failed to list any source of income on your May 21, 1987 Statement of Financial Interests. Mr. Joseph Michael Gnall Page 5 3. This Commission will take no further action provided you file an amended Statement of Financial Interests in 30 days of the date of this Order which lists the independent medical exams. Our files in this case will remain confidential in accordance with Section- • of the Ethics Act, 65 P.S. §408(a). However, this Order is final and will be made available as a public document 15 days after service (defined as mailing) unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code §2.38. During this 15 -day period, no one, including the respondent unless he waives his right to challenge this Order, may violate this confidentiality by releasing, discussing or circulating this Order. Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. §409(e). By the Commission, (kaxD, Joseph W. Marshall, III Chairman